SENTENCING STATEMENTS

On sentencing Lady Drummond made the following remarks in court:

"Mr Robertson, you were convicted by the jury of five charges. You committed these offences against three different women with whom you were in intimate relationships. You assaulted two women and domestically abused two women. You raped one woman on one occasion and sexually assaulted her by penetration on another. The offending began more than 20 years ago, with the most recent occurring in 2019.

The domestic abuse you subjected these women to included acting in a controlling and pressurising manner; making abusive and offensive comments; shouting, swearing and threatening violence; persistently messaging and monitoring the women’s movements; damaging property; and pouring wine over the head of one woman. You went to the extent of telling one woman you were in her home and entering her home without her knowledge or consent. None of this was isolated behaviour. It formed part of a pattern of conduct carried out by you, to exert power and control over those women and to make them fearful and distressed.

Charge 7 is the only charge relating to sexual offending but it includes both rape and sexual assault by penetration of a woman who you had been in a relationship with. Rape and sexual assault are violations of a person's bodily integrity, sexual autonomy and human dignity. The effects can be long-lasting and life-changing.

The complainers vividly describe in their victim impact statement the lasting psychological harm that not only your sexual offending but your domestic abuse has had on them. They suffer anxiety, fear, flashbacks, and difficulties with trust. The impact has affected their relationships, confidence, and their sense of safety.

I have considered the Criminal Justice Social Work Report and all that has been said on your behalf by Mr Allan this morning.

You have previous convictions, including three road traffic matters and a conviction for assault. You have not been imprisoned before.

You are now 45 years old. You had a successful acting career which came to an end when this prosecution began. From what I am told this morning you are of the view that it is unlikely you will ever work in that profession again. You are in a stable relationship and have a child. I have read the 13 character references that have been provided by your friends and family which paint a very different picture of you. I recognise from these that you are someone who others have relied on for support.

You have a history of alcohol misuse and adverse childhood experiences. More recently, you have addressed your alcohol issues and engaged in psychotherapy, showing some insight into aspects of your relationship patterns. I encourage you to continue with that and to address your offending behaviour whilst in prison.

You gave evidence at the trial and denied any responsibility for your crimes. You maintain that position which is your right. The author of the report indicates that you frequently excuse relationship difficulties, and the allegations made, by reference to the behaviour or motivations of others. You are assessed as presenting a high risk of both general offending and domestic offending.

Mr Robertson, your offending involved violence, coercion, intimidation and sexual abuse. For such offences only a custodial sentence is appropriate.

I consider the sentence I am about to impose to be no more severe than is necessary to protect the public, punish you for your offending, mark the court's condemnation of your conduct, recognise the harm caused to the victims and provide an opportunity for your rehabilitation.

In light of the report and all the circumstances, I am satisfied that the period for which you would have otherwise been on licence would not be adequate to protect the public from serious harm from you when you are eventually released.

For that reason I am going to pass on you an extended sentence.

The first part is called the custodial term and it sets the period which you should spend in prison. 

In selecting the custodial period I have followed the Scottish Sentencing Council Guidelines on Rape which apply to the crime of rape. Assessing your culpability and the harm caused in terms of the guidelines, I consider the offence falls within category B3 with a sentencing range of 5 to 7 years. However in selecting the sentence for charge 7, I must also consider that it contains a further crime, that of sexual assault by penetration which was committed on another occasion and for which the court must also sentence you.  

Had charge 7 stood alone, I would have sentenced you to 8 years imprisonment for those offences.

For the charges of abusive behaviour and assault alone, I would have sentenced you to a single sentence in relation to all 4 charges of 4 years' imprisonment.

Considering the totality of those two periods of imprisonment, and the overall criminality involved, I regard a custodial period of 9 years to be appropriate. The sentence I have selected reflects the sexual offending, the assaults and the sustained domestic abuse.

The second part of the sentence is the extension period which is the period you will be subject to licence conditions to be set by the Scottish Ministers. I will fix the extension period at 3 years. If you break the terms of your licence you will be liable to be recalled to custody to serve the remainder of your sentence.

It is a 12 year extended sentence comprising a custodial period of 9 years and an extension period of 3 years. The sentence will be backdated to 23 June 2026 when you were first on remand.

Because you have been convicted of sexual offences you will be subject to the notification requirements of the sex offender register for an indefinite period.

I also make non harassment orders with conditions that you do not approach or contact or attempt to approach or contact any of the complainers for an indefinite period."

23 July 2026